Amended & Promulgated on May
29, 2002 Article77, 79 by Presidential Order

Chapter I

General Provisions

Article 1

This Law is specifically enacted
for the purpose of protecting the right to the exclusive use of a trademark
and the interests of the consumers in order to promote the normal development
of industrial and commercial enterprises.

Article 2

Any person who desires the exclusive
use of a trademark to distinguish the goods under his business and has
the intention of using such trademark shall apply for registration of
the trademark in accordance with this Law.

Article 3

The application for trademark registration
filed by a foreign national may be rejected if the foreign national's
own country has not signed and maintained a treaty or agreement with the
Republic of China for reciprocal protection of trademarks or does not
accept, under its laws and regulations, the applications for trademark
registration filed by nationals of the Republic of China.

Article 4

Priority may be claimed in connection
with an application for trademark registration filed in the Republic of
China if the application is filed within six months from the day following
the date of the first application for registration of the same trademark
in a country that has a treaty or agreement with the Republic of China
for reciprocal protection of trademarks, or that actually accepts claims
of priority made by applicants from the Republic of China based on the
principle of reciprocity.

The claim of priority made in accordance
with the preceding Paragraph must be made at the same time as the application
is filed. The filing date and serial number of the basic foreign trademark
application as well as the name of the foreign country accepting the basic
application shall be clearly indicated in the priority claim. The applicant
shall submit, within three months from the date of filing the trademark
application in the Republic of China, a certified copy of the basic application
as accepted by that foreign country. Failure to make the claim at the
time of filing the application or to submit the certified document within
the time limit shall lead to forfeiture of the priority.

Article 5

Any word, drawing, symbol, combination
of colors, or combination thereof used in a trademark shall be distinctive
enough to cause a general buyer of goods to recognize it as a mark for
identifying the goods of a certain manufacturer or merchant and distinguishing
such goods from those manufactured or sold by others.

A word, drawing, symbol, combination
of colors, or combination thereof not conforming to the specification
in the preceding Paragraph shall be deemed as conforming to such specification
if it has been used by the applicant concerned and has become the mark
identifying the goods offered by the applicant in trade.

Article 6

The use of a trademark referred
to in this Law shall denote the use of a trademark on goods or the packaging,
container, label, instruction literature, price list or other similar
articles of such goods and possession, display or dissemination of the
aforementioned goods or articles for marketing purpose.

The use of a trademark in a television
or other broadcast commercial, or in a newspaper or magazine advertisement,
or in participation of an exhibition for the promotion of the sale of
the goods shall be deemed as use.

Article 7

The Government Office in charge
of trademark matters referred to in this Law shall be the Ministry of
Economic Affairs.

The trademark matters referred
to in the preceding Paragraph shall be handled by a dedicated agency under
the Ministry of Economic Affairs.

Article 8

An interested party referred to
in this Law shall be any person whose rights or interests are affected
by registration of the trademark concerned.

Article 9

A trademark agent may be appointed
to file the application for registration of a trademark and to handle
all matters pertaining to a trademark.

For filing an application for trademark
registration or handling of matters pertaining to a trademark, an applicant
who has no domicile or place of business within the territory of the Republic
of China shall appoint a trademark agent to act on his behalf.

If a trademark agent has committed
an act beyond his power of authority or in violation of the laws and regulations
in connection with trademark matters, the Government Office in charge
of trademark matters may order a change of trademark agent within a given
time. Failure to effect such a change shall cause the principal to be
considered as having no appointed agent.

A trademark agent shall have a
domicile in the Republic of China. Professional trademark agents shall
be certified trademark attorneys, unless otherwise provided by law. Qualifications
and administration of trademark attorneys shall be prescribed in a separate
law.

Article 10

A trademark agent may perform all
necessary acts in respect of matters pertaining to trademarks, unless
otherwise restricted by the contract of appointment. However, a trademark
agent may not dispose of the right to the exclusive use of a trademark,
unless specifically entrusted to do so.

Where there are two or more trademark
agents appointed by the same principal, they may transact the appointed
business severally, unless the applicant has stated to the Government
Office in charge of trademark matters that the act of agency shall be
carried out jointly by them.

The appointment or change of a
trademark agent, or any restriction or alteration of the affairs entrusted
to him or the termination of his appointment may not be set up as a defense
against third parties, unless it is duly recorded with the Government
Office in charge of trademark matters.

Article 11

In the case of a party to a trademark
case residing abroad or in a borderland or remote district or in an area
not easily accessible, the Government Office in charge of trademark matters
may, on its own initiative ex officio or upon request of the party, extend
the statutory period for him to complete the procedures required by the
Government Office in charge of trademark matters.

Article 12

The Government Office in charge
of trademark matters may, upon the request of the party to a trademark
case, extend or change the period or date set by the said Office according
to this Law; provided, however, that where there is an adversary or interested
party involved, such extension or change may not be made, unless there
is obvious reason to do so or the consent of the adversary or interested
party has been obtained.

Article 13

A trademark application and other
trademark procedures made beyond the statutory period or the prescribed
time limit shall be rejected; provided, however, that this provision shall
not apply where the delay results from force majeure or any other causes
not attributable to the party concerned and such fact is proved to be
true through investigation.

Under any of the circumstances
referred to in the proviso of the preceding Paragraph, the applicant shall,
within 30 days after extinction of the cause of delay, submit a written
report, giving a full account of the facts and the dates of occurrence
and extinction of such cause, to the Government Office in charge of trademark
matters, and at the same time complete the delayed procedures.

Article 14

The various periods set forth in
this Law shall be calculated from the day on which the documents or articles
are serviced to the Government Office in charge of trademark matters.
If postal service is used, such periods shall be calculated from the very
day on which the documents or articles are mailed as indicated by the
postal date mark.

Article 15

When service of the documents issued
by the Government Office in charge of trademark matters cannot be effected,
such documents shall be published in the official gazette of the Government
Office in charge of trademark matters; and upon the maturity of thirty
days counting from the date of publication, it shall be deemed that service
has been effected.

Article 16

The government fees for applications
of trademark registration and other trademark matters shall be paid at
the time of filing the applications.

The amount of the government fees
shall be decided by the Government Office in charge of trademark matters.

Article 17

The Government Office in charge
of trademark matters shall publish and circulate an official gazette containing
registered trademarks and necessary information in connection with trademarks.

Article 18

The Government Office in charge
of trademark matters shall establish and maintain a register of trademarks
to record therein all the trademarks approved for exclusive use and other
trademark rights as well as all matters in connection therewith as may
be prescribed by laws, rules and regulations.

A certificate of registration shall
be issued for each trademark approved for registration.

Article 19

Any change of the approved or registered
particulars of a trademark shall be filed with the Government Office in
charge of trademark matters for approval. No change of the trademark design
or of the goods designated shall be permitted, except for reduction of
items of the designated goods.

The particulars of change approved
under the preceding Paragraph shall be published in the official gazette
of the Government Office in charge of trademark matters.

Article 20

The Government Office in charge
of trademark matters shall not reject any application for issuance of
certifying documents, copying the design, reviewing or copying the official
records in respect of a trademark, except in cases where the said Office
considers that such particulars should be kept confidential.

‘@

Chapter II

Right of Exclusive Use of Trademark

‘@

Article 21

The registrant of a trademark shall
be granted the right to the exclusive use of the trademark as of the date
of registration of the trademark.

The right to the exclusive use
of a trademark shall be limited to the registered trademark and to the
goods as designated for use of the registered trademark.

Article 22

The same person who designates
the use of the same trademark design for similar goods or the use of a
similar trademark design for the same goods or similar goods shall apply
for registration of an associated trademark.

The same person who designates
the use of the same trademark for goods which are not the same or similar
but are of related nature may apply for registration of a defensive trademark;
provided, however, that the restriction of "goods of related nature"
shall not apply to a famous trademark.

In filing an application for registration
of a trademark under either of the preceding two Paragraphs, the existing
registered trademark or the trademark whose application was filed earlier
shall be designated as the principal trademark. If the applications are
filed at the same time, one of the trademarks shall be designated as the
principal trademark.

The application for change of the
type of a trademark may be filed for approval with the Government Office
in charge of trademark matters; provided that the proposed change does
not violate the provisions of the preceding three Paragraphs.

Article 23

A person who marks on his goods,
with bona fide intent and reasonable method of use, his own personal name
or title, or the name, shape, quality, function, place of origin or other
descriptions of the goods, not as a trademark use, shall not be subject
to the exclusive right to any trademark owned by another person.

Where, prior to the application
for registration of a trademark by another person, a person has been using
in good faith the same or similar trademark for the same or similar goods,
such bona fide use of the trademark is not subject to the exclusive right
to the trademark owned by such other person; however, such bona fide use
of the trademark is only limited to those goods on which the trademark
at issue was originally used. The owner of the right to the exclusive
use of the said trademark may request the user to add an appropriate distinguishing
mark on his goods.

Where the goods bearing a trademark
are being traded on the market by the owner of the right to the exclusive
use of the said trademark, or by any person authorized by him, the owner
of the right to the exclusive use of the trademark shall not claim such
right to the exclusive use of the trademark with respect to the said goods;
except for prevention of deterioration or damage of the goods or for any
other good cause.

Article 24

The term of the right to the exclusive
use of a trademark shall be ten years commencing from the date of registration.
The term of exclusive use of an associated trademark or a defensive trademark
shall expire concurrently with that of its principal trademark.

The term of the right to the exclusive
use set forth in the preceding Paragraph may be extended upon application
in accordance with this Law; provided that each extension shall likewise
be limited to ten years.‘@

Article 25

An application for extending the
term of the right to the exclusive use of a trademark shall be filed within
six months before or after the expiration of the term. For those applications
filed within six months after the expiration of the term, the application
fee shall be doubled.

The renewal application referred
to in the preceding Paragraph shall be approved only for the continuous
use of the trademark on those goods which are designated in the trademark
registration and on which the trademark has actually been put to use.
A renewal application shall not be approved under any of the following
circumstances:

(1) Where there exists any of the
circumstances stipulated in Items (1) through (8), Paragraph One, Article
37 of this Law.

(2) Where the renewal application
is filed before the expiration of the term of the right to the exclusive
use of a trademark but the trademark is not put to use, without good cause,
within a period of three years prior to the filing of the application.

(3) Where the renewal application
is filed after the expiration of the term of the right to the exclusive
use of a trademark but the trademark is not put to use, without good cause,
within a period of three years before the expiration of the term.

The provisions of Items 2 and 3
of the preceding Paragraph shall not be applicable to the cases where
an associated trademark of the trademark concerned is used on the same
goods, or the trademark concerned is used by a licensee of the trademark.

The term as approved for the extension
referred to in Paragraph One of this Article shall start from the day
following the date of the expiration of the term of the right to the exclusive
use of the trademark.

Article 26

The owner of the right to the exclusive
use of a trademark may license other persons to use his trademark on the
whole or a part of the goods covered by his trademark registration.

The licensing set forth in the
preceding Paragraph shall be recorded with the Government Office in charge
of trademark matters. Unregistered licensing may not be set up as a defense
against third parties. The same provision shall also apply where the trademark
is sub-licensed to a third party by the licensed user with prior consent
of the owner of the right to the exclusive use of the trademark.

The licensed user of a trademark
shall indicate on his goods, the package or container thereof the licensing
of the trademark.

Article 27

In the case of violation of the
provisions of the third Paragraph of the preceding Article, the Government
Office in charge of trademark matters shall notify the parties concerned
to correct such violation within a prescribed time limit; failure to make
correction within the time limit shall cause revocation of the licensing
recordation.

Article 28

The assignment of the right to
the exclusive use of a trademark shall be recorded with the Government
Office in charge of trademark matters. An unrecorded assignment may not
be set up as a defense against third parties.

In applying for recordation of
assignment of the right to the exclusive use of a trademark in accordance
with the provisions of the preceding Paragraph, the assignee shall also
meet the requirements as prescribed under Article 2 of this Law.

Article 29

The right to the exclusive use
of any associated trademark and defensive trademark which have not been
assigned together with their principal trademark shall be extinguished.

Where the right to the exclusive
use of an associated trademark or a defensive trademark is separately
assigned, such assignment shall be invalid.

Article 30

In the case of creating a pledge
on the right to the exclusive use of a trademark or making any change
or causing the extinguishment of a pledge thereon, the owner of the right
to the exclusive use of the trademark shall apply for recordation of the
same with the Government Office in charge of trademark matters. Without
prior recordation, the pledge or the change or extinguishment thereof
shall not be set up as a defense against third parties.

During the continuance of a pledge,
the pledgee may not make use of the trademark unless otherwise licensed
by the owner of the right to the exclusive use of the trademark.

Article 31

If any of the following circumstances
occurs after the registration of a trademark, the Government Office in
charge of trademark matters shall, ex officio or at the request of an
interested party, cancel the registration:

(1) Where the trademark with unauthorized
alteration in its device or additional notes has been used whereby the
trademark is made similar to a registered trademark of another person
used on the same or similar goods;

(2) Where without good cause, the
trademark has not been put into use for three years after registration,
or has been continuously suspended from use for three years, except that
an associated trademark has been put to use for the same goods or a licensed
user has used the trademark and proof of such use has been produced;

(3) Where the licensing of a trademark
to another person has not been recorded, or the requirement for indicating
the trademark licensing is violated, and such violation is not corrected
within the time limit set in a notice given to the violator; or

(4) Where the trademark has been
adjudged by a final judgment to have infringed upon the copyright, the
new design patent or other rights of another person.

Under the circumstances set forth
in Item (2) of the preceding Paragraph, the cancellation may be effected
on one or more kinds of goods as designated for use of the registered
trademark.

Before rendering a decision on
cancellation under the provisions of Paragraph One of this Article, the
Government Office in charge of trademark matters shall notify the owner
of the right to the exclusive use of the trademark or his trademark agent
to submit a written defense within 30 days. However, a decision may be
made without such notification if the applicant's application for cancellation
contains no concrete evidence or his claims are obviously groundless.

Under the circumstances set forth
in Item (2), Paragraph One of this Article, if a notice for submission
of defense has been given to the owner of the right to the exclusive use
of the trademark or his trademark agent, the owner of the right to the
exclusive use of the trademark shall produce the proof of his actual use
of the trademark. Cancellation of the right to the exclusive use of the
trademark may be made when no defense is submitted within the prescribed
time limit.

In the case as set forth in Item
1, Paragraph One of this Article, the owner of the right to the exclusive
use of the trademark may not apply for voluntary cancellation of the trademark
during the period of investigation by the Government Office in charge
of trademark matters; and, upon receiving a final decision on cancellation,
shall not be eligible, within a period of three years from the date of
cancellation, to obtain the registration for or to acquire by assignment
or to use under license of a trademark identical with or similar to the
originally registered trademark for the same or similar goods. In the
case as set forth in Item 4, Paragraph One of this Article, the owner
of the right to the exclusive use of the trademark may not apply for registration
of the same trademark design prior to the extinguishment of the cause
of infringement.

Article 32

Any party dissatisfied with the
decision of cancelling the right to the exclusive use of a trademark under
the provision of Paragraph One of the preceding Article may file, within
thirty days from the day following the date of service of the written
decision of cancellation, an administrative appeal in accordance with
the law.

Article 33

Where a decision cancelling the
right to the exclusive use of a trademark is final, such right shall become
invalid from the date when the cancellation decision is made; provided,
however, that if the cancellation decision is made based on the cause
set forth in Item (4), Paragraph One, Article 31 of this Law, the right
to the exclusive use shall be invalid ab initio.

Article 34

The right to the exclusive use
of a trademark shall naturally extinguish under any of the following circumstances:

(1) Where no extension is made
in accordance with Article 25 of this Law.

(2) Where the owner of the right
to the exclusive use of a trademark dies without an heir.

‘@

Chapter III

Registration

‘@

Article 35

In applying for registration of
a trademark, an application with the class number and the denomination
of the goods designated for use of the trademark indicated therein shall
be filed with the Government Office in charge of trademark matters. The
goods in different classes shall be covered by separate applications respectively.

The classification of goods shall
be defined in the Enforcement Rules hereof.

Identification of similar goods
is not subject to the restriction of the classification of goods as set
forth in the preceding Paragraph.

Article 36

When two or more persons apply
separately for registration of an identical or similar trademark designated
for use on the same goods or similar goods, the applicant who first files
an application shall be granted registration. If two or more such applications
are filed on the same date and there is no way to ascertain who is the
first applicant, the applicants shall come to an agreement to let one
of them enjoy the exclusive use. If no agreement can be reached, it shall
be determined by drawing lots. ‘@

Article 37

No application may be filed for
registration of a trademark design which is:

(1) Identical or similar to the
national flag, the national emblem, the national seal, military flags,
military insignia, official seals, medals of the Republic of China, or
the national flag of any other nation;

(2) Identical with the image or
name of the late Dr. Sun Yat-Sen or of a Chief of State;

(3) Identical or similar to the
red cross sign, or the name, emblem, badge or mark of a domestic or international
famous organization;

(4) Identical or similar to the
Chinese "Standard Quality" mark or any local or foreign mark
of the same nature;

(5) Violative of public order or
good morals;

(6) Likely to mislead the public
with respect to the nature, quality, or place of origin of the goods;

(7) Identical or similar to another
person's famous mark, thus causing the public to confuse or misidentify
it; provided, however, that this provision shall not apply if the trademark
application is filed with the consent of the owner or of the licensee
of the said famous mark;

(8) Identical or similar to a mark
that is commonly used on the same goods;

(9) Identical or similar to a mark
used by a government office of the Republic of China or by a public show
in the nature of exhibition, or identical or similar to a medal awarded
by such government office or public show;

(10) Using any word, drawing, symbol,
combination of colors, or a combination thereof, that signifies the shape,
quality, function, generic name, or other descriptions of the goods designated
for use under the trademark filed for registration, except for those that
are not generic names and that conform to the requirements specified in
Paragraph 2 of Article 5 of this Law.

(11) Using the image of another
person, or the name of another juristic person, organization, or nationally
famous firm, or the stage name, pseudonym or alias of another person,
without prior consent; provided, however, that this provision shall not
apply if the goods covered by the business scope of such firm or juristic
person are not the same with or similar to those designated for use of
the trademark filed for registration;

(12) Identical or similar to a
trademark that is designated for use on the same goods or similar goods;

(13) Using another person's registered
trademark as a part of the applicant's own trademark proposed for use
on the same or similar goods.

(14) Identical or similar to a
trademark that has been first used by another person on the same or similar
goods and the applicant, due to contractual, territorial, or business
connections, or any other relationship with the said person, knows of
the existence of the said person's trademark; provided, however, that
this provision shall not apply if prior consent from the said person has
been obtained.

‘@

Article 38

Rights derived from an application
for registration of a trademark may be assigned to another person.

The assignee taking over the rights
referred to in the preceding Paragraph shall have no locus standi as against
third parties, unless he has applied for and obtained approval for substituting
his name for that of the original applicant.

Article 39

An application for trademark registration
shall be examined by the examiner assigned by the Government Office in
charge of trademark matters. Qualification requirements of trademark examiners
shall be established by law.

Article 40

An examiner shall withdraw under
one of the following circumstances:

(1) If his spouse, former spouse,
or fiancee or fiance is the applicant of the trademark registration, or
is the trademark agent of the applicant;

(2) If he at present is a relative
by blood within the fifth degree, or by marriage within the third degree,
of the applicant of the trademark registration, or he was once so related
to such applicant;

(3) If he at present is or once
was the statutory agent, or the head of the family or a member in the
family of the applicant of the trademark registration;

(4) If he once acted as the trademark
agent of the applicant of the trademark registration;

(5) If there is a direct relation
involving the interest in property between him and the applicant of the
trademark registration.

Article 41

When an application for registration
of a trademark has been found (after examination by the Government Office
in charge of trademark matters) to be in conformity with law, the Government
Office in charge of trademark matters shall deliver its decision of approval
to the applicant and his trademark agent and shall publish the case in
its official gazette and effect the registration only if no opposition
has been filed within three (3) months from the date of publication or
if any such opposition proceedings instituted have been dismissed and
such dismissal has become final. The day following the expiration of such
three-month publication period shall be the registration date of the trademark.

In case an opposition proceeding
instituted against the approval of a trademark application is upheld by
a final decision, the original approval shall be revoked.

Article 42

Where there is any unauthorized
alteration of or addition to an approved trademark design made by the
owner of the trademark whereby the mark is made similar to a registered
trademark of another person used on the same goods or similar goods, the
Government Office in charge of trademark matters may, ex officio or upon
application by an interested party, revoke the approval originally granted.

The provision of Paragraph Three
of Article 31 shall apply mutatis mutandis before the Government Office
in charge of trademark matters revokes its approval under the preceding
Paragraph; and the provision of Paragraph Five of Article 31 shall apply
mutatis mutandis where the decision on revocation has become final.

Article 43

If an application for registration
of a trademark, after examination, is found not to be in conformity with
the law, a decision rejecting the application shall be rendered. A written
decision shall be made stating the grounds for rejection, and delivered
to the applicant and his trademark agent.

Article 44

In case the applicant of a trademark
registration is not satisfied with the decision rejecting his application
or with the decision of revoking the approval of his trademark application
under Paragraph One of Article 42, he may institute, within thirty days
from the day following the date of service of the written decision, an
administrative appeal in accordance with the law.‘@‘@

Article 45

When a trademark examiner discovers,
prior to the registration of an approved trademark, the approved mark
to be in violation of the law, he shall file a report requesting revocation
of the approval.

The Government Office in charge
of trademark matters shall, before revocation under the provisions of
the preceding Paragraph, notify the applicant or his trademark agent with
reasons to state his opinion within thirty days.

Article 46

Any person who considers that a
trademark approved for registration is in violation of this Law may file,
during the publication period, an opposition with the Government Office
in charge of trademark matters.

Article 47

Any person who institutes opposition
proceedings shall submit to the Government Office in charge of trademark
matters a written opposition stating the facts and reasons and a duplicate
copy thereof. Documents attached to the original copy of the written opposition
shall also be enclosed with the duplicate copy thereof.

The Government Office in charge
of trademark matters shall forward the duplicate copy together with the
documents referred to in the preceding Paragraph to the applicant and
his trademark agent and set a time limit for submission of a statement
of defense.

An examiner shall withdraw if the
opposition is filed against a case in which he took part in the examination
of the trademark in question.

Article 49

In respect to an opposition case,
the Government Office in charge of trademark matters shall render a written
decision on the opposition stating the reasons and deliver such decision
respectively to the applicant of the trademark registration, the opposer,
and the trademark agent.

Article 50

In case the applicant of a trademark
registration or the opposer is not satisfied with the decision on opposition
referred to in the preceding Article, he may institute, within thirty
days from the day following the date of service of the written decision,
an administrative appeal in accordance with the law.

Article 51

No application may be filed by
any person, based on the same fact, the same evidence and the same grounds,
for review of a trademark which is registered after a final decision has
been made on the dismissal of an opposition filed against the said trademark.

‘@

Chapter IV

Review

‘@

Article 52

If the registration of a trademark
is in violation of any provision of Paragraph Five of Article 31, Article
36, Paragraph One of Article 37 or the aft part of Paragraph Two of Article
42, an interested party may request the Government Office in charge of
trademark matters to conduct a review for invalidation of the registration.

If the registration of a trademark
is in violation of any provision of Article 5, Paragraph Five of Article
31, Article 36, Item (1) through (10), (12), (13) of Paragraph One of
Article 37 or the aft part of Paragraph Two of Article 42, a trademark
examiner may request a review for invalidation of the registration.

If a trademark which has been registered
for a period of over ten years is in violation of any provision of Item
(1) on Paragraph Two of Article 25, an interested party or a trademark
examiner may request a review for invalidation of the registration.

Article 53

If the registration of a trademark
is in violation of any provision of Article 5, Paragraph Five of Article
31, Article 36, Item (11) of Paragraph One of Article 37 or the aft part
of Paragraph Two of Article 42, no application or request for a review
under invalidation proceedings shall be allowed after a lapse of two years
from the date of publication of its registration.

Article 54

The owner of the right to the exclusive
use of a trademark or any interested party, for the purpose of defining
the scope of the right to the exclusive use of the mark, may apply to
the Government Office in charge of trademark matters for a review.

Article 55

With respect to a trademark review
case, the chief of the Government Office in charge of trademark matters
shall designate three or more reviewers to effect the review.

A reviewer shall withdraw if he
has any of the relations specified in Article 40 with the intervener referred
to in Article 57.

Article 56

Decision in a review case shall
be made based on written materials. However, if deemed necessary, the
parties concerned may be notified to be present on a designated date for
a verbal debate.

Failure of any party to a review
case to appear in the debate in or on the statutory or designated period
or date shall not cause an interruption of the review process.

Article 57

Any person who has an interest
in a review case may apply, before the conclusion of the review, for intervention
to support one of the parties.

If the other party objects to the
application for intervention referred to in the preceding Paragraph, the
review panel shall decide, through discussion, whether or not such intervention
shall be allowed.

If any act of the intervener is
in conflict with that of the party supported by the intervener, such act
of the intervener shall be null and void.

In regard to the procedures for
the verbal and the intervention set forth in the preceding Article and
this Article, the relevant provisions of The Code of Civil Procedure shall
apply mutatis mutandis thereto, unless otherwise prescribed in this Law.

Article 58

In the case of dissatisfaction
with the decision made in a review case, an administrative appeal may
be instituted within thirty days from the day following the date of service
of the written decision of review in accordance with the law.

Article 59

Once a decision rendered by the
review panel in respect of a trademark case is final, no application for
a further review may be filed by any person based on the same facts, the
same evidence and the same grounds.‘@

Article 60

If any civil or criminal action
in connection with the right to the exclusive use of a mark is instituted
during the proceedings of a review case concerning the said trademark,
the proceedings of such action shall be suspended pending the final decision
on the review of the right to the exclusive use of the said trademark.

‘@

Chapter V

Protection

‘@

Article 61

The owner of the right to the exclusive
use of a trademark may claim for damages against the infringer of his
exclusive right, and may request removal of such infringement. Where there
is any likelihood of infringement, he may also request for the prevention
thereof.

Commission of any act specified
in Item 1 or 2 of Article 62 of this Law shall be deemed an infringement
of the right to the exclusive use of the trademark.

In making requests under the preceding
two Paragraphs, the owner of the right to the exclusive use of a trademark
may request the destruction or other necessary disposals of the infringing
goods or of the materials or equipment which have been utilized to conduct
such infringing act.

Article 62

Any person who commits any of the
following acts with the intent to defraud others shall be punished with
imprisonment for not more than three years, detention and, in addition
thereto or in lieu thereof, a fine of not more than NT$200,000.

(1) Using a design which is identical
with or similar to another person's registered trademark on the same goods
or similar goods;

(2) Adding a design which is identical
with or similar to another person's registered trademark design to the
advertisements, labels, descriptive literature, price lists or other documents
of the same goods or similar goods and displaying or circulating such
materials.

Article 63

Any person, who knowingly sells,
displays for sale, exports or imports the goods referred to in the preceding
Article, shall be punished with imprisonment of not more than one year,
detention, and, in addition thereto or in lieu thereof, a fine of not
more than NT$50,000.

Article 64

The goods manufactured, sold, displayed,
exported or imported by a person committing any of the offenses as specified
in the preceding two Articles shall be confiscated, regardless of whether
such goods belong to the offender or not.

Article 65

Any person who maliciously uses
the word in another person's registered trademark as the specific portion
of the name of his own company or firm for conducting business in respect
of the same goods or similar goods and has failed to stop such use after
being requested by the interested party to do so shall be punished with
imprisonment for not more than one year, detention or a fine of not more
than NT$50,000.

The provision of the preceding
Paragraph shall not apply to cases where the date of application for registration
of the name of the company or firm precedes the date of application for
trademark registration.

Article 66

In claiming for damages under Article
61 hereof, the owner of the right to the exclusive use of a trademark
may select any one of the following methods to calculate the amount of
his damages:

(1) Based on the provision of Article
216 of the Civil Code. However, in the event that the evidence cannot
be presented to prove his damages, the owner of the right to the exclusive
use of a trademark may take the difference, as the amount of damages,
which is derived from subtracting the profit gained after such infringement
by use of the registered trademark in question from the profit that would
have normally been gained from the use of the registered trademark;

(2) Based on the profit gained
by the infringer of the right to the exclusive use of a trademark as a
result of his infringing act, provided, however, that where the infringer
is unable to produce evidence to prove his costs and necessary expenses,
the total income derived from the sale of the counterfeit commodities
shall be taken as his profit;

(3) Based on an amount equal to
500 to 1,500 times the unit retail price of the seized commodities involved
in the infringement of the right to the exclusive use of a trademark,
provided, however, that if the quantity of commodities under seizure exceeds
1,500 pieces, the amount of compensation for damages shall be assessed
based on the total selling price thereof.

Where the amount of compensation
for damages to be assessed under the preceding Paragraph is apparently
unreasonable, the court may, at its discretion, reduce the amount of such
compensation.

The owner of the right to the exclusive
use of a trademark may claim for additional compensation in a reasonable
amount in case the business reputation of the said owner suffers any damages
on account of such infringement.

The provision of the preceding
three Paragraphs shall apply mutatis mutandis when making a claim for
joint liability for damages under Article 67.

Article 67

A person who intentionally or through
negligence commits any of the acts specified in Article 63 hereof shall
still be liable, jointly and severally, with the infringer of the right
to the exclusive use of a trademark, for the damages arising from such
infringement; provided, however, that if he is able to provide the supply
source of the goods in question, the amount of compensation payable by
him may be reduced or the compensation may be exempted.

Article 68

The owner of the right to the exclusive
use of a trademark may make a request for the publication in a newspaper,
at the expense of the infringer, of the contents, in full or in part,
of the judicial judgement setting forth the fact of the trademark infringement
as confirmed in accordance with this Chapter.

Article 69

Where the right to the use of a
trademark granted to a licensed user under Article 26 hereof is infringed,
the provisions of this Chapter shall apply mutatis mutandis.

Article 70

Foreign juristic persons or entities,
not limited to those recognized (by the Government of the Republic of
China), may also file a complaint, initiate a private prosecution or institute
a civil suit in respect of matters referred to in this Chapter.

Article 71

In handling trademark litigation,
the courts may establish a special tribunal or designate a particular
person to handle the case.

‘@

Chapter VI

Other Marks

‘@

Article 72

Any person who desires the exclusive
use of a mark to distinguish the services provided by his business shall
apply for registration of a service mark.

The use of a service mark shall
denote the use of a mark on articles, documents, publicity materials or
advertisements for promotion of his services; provided, however, that
this shall not apply if the mark is used on goods or the container of
such goods thereby causing the mistaken belief that the mark is sales
promotion for such goods.

The classification of service marks
shall be prescribed in the Enforcement Rules hereof.

Identification of similar services
is not subject to the restriction of the classification as set forth in
the preceding Paragraph.

Article 73

Any person who desires the exclusive
use of a mark to certify, by providing knowledge or technology, the characteristics,
quality, precision or other matters of another person's goods or services
shall apply for registration of a certification mark.

Only a juristic person, an organization
or a government agency capable of certifying another person's goods or
services shall be eligible for applying for registration of a certification
mark.

Article 74

Any business association, club
or social organization, or any other group which desires the exclusive
use of a mark to distinguish its organization or membership shall apply
for registration of a collective mark.

Article 75

A certification mark or a collective
mark may not be assigned or licensed to another person for use, nor made
an object of a pledge; provided that this provision shall not apply if
such assignment or license for use will not be likely to infringe upon
the interests of consumers and to contravene fair competition, and has
been approved by the Government Office in charge of trademark matters.

Article 76

In case the owner of the right
to the exclusive use of a service mark, a certification mark or a collective
mark, or the licensed user thereof inappropriately uses the mark thereby
causing damages to another person or the public, the Government Office
in charge of trademark matters may, ex officio or upon application by
an interested party, revoke the owner's right to the exclusive use thereof.‘@‘@

Article 77

The provisions of this Law regarding
trademarks shall be applicable mutatis mutandis to a service mark, a certification
mark and a collective mark as the case may be, unless otherwise prescribed
elsewhere in this Chapter.

Article 77-1

In handling cases of trademark
opposition, review, and revocation proceedings, following principles shall
govern in respect of applicability of provisions of the Law before and
after amendment:

(1)Provisions in force at the time
of decision making shall apply to trademark opposition proceedings.

(2)Provisions in force at the time
of trademark registration shall apply to trademark review proceedings,
provided, however, that provisions in force at the time of examination
and decision making shall apply to such filing procedures of requesting
a review.

(3)Provisions in force at the time
of examination and decision making shall apply to trademark revocation
proceedings

‘@

Chapter VII

Supplemental Provisions

‘@

Article 78

The Enforcement Rules of this Law
shall be prescribed by the Ministry of Economic Affairs.

Article 79

This Law shall come into force
from the date of promulgation. The enforcement date of Articles 4, 5,
23, 25, 34, 37 and 61 amended and promulgated on May 7,1997, shall be
decided by the Executive Yuan.